SB0400sam001 100TH GENERAL ASSEMBLY

Sen. Patricia Van Pelt

Filed: 5/26/2017

10000SB0400sam001 LRB100 04969 RJF 26801 a

AMENDMENT TO SENATE BILL 400

AMENDMENT NO. ______. Amend Senate Bill 400 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Exoneree Assistance Act.

Section 5. Definitions. As used in this Act:

"Authority" means the Illinois Housing Development Authority.

"Department" means the Department of Commerce and Economic Opportunity.

"Director" means the Director of Commerce and Economic Opportunity.

"Exoneree" means a person who has been discharged from a prison of this State and has received:

(1) a pardon from the Governor stating that such pardon is issued on the ground of innocence of the crime for which he or she was imprisoned; or

(2) a certificate of innocence from the Circuit Court as provided in Section 2-702 of the Code of Civil Procedure.

Section 10. Designation of service centers.

(a) The Director of Commerce and Economic Opportunity shall designate multipurpose service centers for exonerees operated by community nonprofit agencies or organizations. To the greatest extent possible, the Director shall rely on such agencies or organizations whose major emphasis has been to provide social services.

(b) The Director shall search for such nonprofit agencies or organizations to carry out the programs created under this Section.

(c) The Director shall designate the agencies or organizations to carry out such programs.

(d) Subject to appropriation, the Director shall begin to provide the necessary funds to the nonprofit agencies or organizations to set up and begin the operation of the multipurpose service centers. Thereafter the Director shall provide the funds appropriated for grants to the centers as the costs of the centers are incurred.

(e) The Director shall, with the advice of the staff of the centers, adopt rules to implement this Act with respect to service centers. Such rules shall include eligibility of persons for job training and vocational programs, education programs, the level of stipends for the job training and vocational programs, education programs, housing assistance for exonerees, and a sliding fee scale for the service programs.

(f) In performing his or her duties under this Section, the Director shall consult and cooperate with such State agencies as may be appropriate, including, but not limited to, the Department of Employment Security to ensure that there is no duplication of services.

Section 15. Service center services.

(a) The multipurpose service centers created under Section 10 shall, after consulting and in cooperation with the Department of Commerce and Economic Opportunity and the Department of Employment Security, develop assistance services by cooperating with federal, State, and local governmental agencies. The services shall include, but not be limited to, the following:

(1) job training and vocational programs;

(2) counseling and placement of exonerees with respect to appropriate job opportunities;

(3) identifying community needs and seeking funding for new public and private sector jobs in relation to exonerees;

(4) providing exonerees with training, skills, and referral services to help them to become gainfully employed and independent;

(5) developing plans to include more exonerees in existing training and placement programs;

(6) referring exonerees to agencies which provide information and assistance with respect to health care, financial matters, education, housing, and legal problems; and

(7) any other assistance or program that the Director may deem useful in assisting exonerees under this Act.

(b) To the extent possible, supervisory, technical, and administrative positions relating to the multipurpose service programs shall be filled by exonerees.

(c) The director of each center shall submit an annual report to the Director. The report shall include evaluations of the effectiveness of the job training, placement, and other service programs to exonerees, including the number of persons trained, the number of persons placed in employment, follow-up data on such persons, the number of persons served by the various service programs, and estimates of the cost effectiveness of the various components of the center. The Director shall also require quarterly reports and shall by rule specify the information to be included in the quarterly reports.

(d) The director of each center may accept, use, and dispose of contributions of money, services and property for the purposes of this Act.

Section 20. Sponsoring agencies and organizations.

(a) The sponsoring nonprofit agency or organization under Section 15 shall consult and cooperate with the Department and the Department of Employment Security to ensure that there is no duplication of services, and shall cooperate with federal, State, and local agencies to coordinate the multiservice programs established under this Act.

(b) The agency or organization and the communities served by programs established under this Act shall provide a total of not less than 5% of the cost of the operation of the centers to supplement moneys appropriated to implement and continue this Act with respect to service centers.

Section 25. Exoneree housing assistance.

(a) Subject to the application process provided in subsection (c) of this Section, any exoneree who was a resident of this State at the time he or she was imprisoned shall be entitled to receive assistance under this Section for the purpose of acquiring within this State a suitable housing unit.

(b) The amount of State assistance granted to acquire a suitable housing unit shall be 25% of the cost of such housing unit, and assistance granted shall be in the form of a single lump-sum payment to the exoneree, but shall in no event exceed the sum of $15,000.

(c) Application for assistance under this Section shall be made by the exoneree to the Illinois Housing Development Authority, and shall be accompanied by proof of a pardon by the Governor stating that such pardon was issued on the ground of innocence of the crime for which he or she was imprisoned or a Certificate of innocence from the Circuit Court, and any other documentation the Authority may deem necessary. The application shall contain such information as will enable the Authority to determine the suitability of the exoneree for assistance, and the amount of assistance to which the exoneree is entitled if deemed suitable. The Authority shall adopt general rules for determining the question of whether an applicant was a resident of this State at the time he or she was imprisoned, and shall prescribe by rule the nature of the proof to be submitted to establish the fact of residence.

Section 30. Exoneree Higher Education Grant Program.

(a) As used in this Section:

"Board" means the Illinois Board of Higher Education.

"Eligible exoneree" means an exoneree meeting the following criteria:

(1) the exoneree is a resident of this State and can provide proof that he or she was a resident of this State at the time he or she was imprisoned;

(2) the exoneree has been accepted into a program of higher education located in this State;

(3) the exoneree exhibits financial need as determined by the Board;

(4) the exoneree provides proof of a pardon by the Governor stating that such pardon was issued on the ground of innocence of the crime for which he or she was imprisoned or a Certificate of innocence from the Circuit Court, and any other documentation the Board may deem necessary; and

(5) the exoneree meets other criteria as may be established by the Board.

"Program" means the Exoneree Higher Education Grant Program created under this Section.

(b) There is created the Exoneree Higher Education Grant Program to provide financial assistance to eligible exonerees, subject to appropriation, for the costs of attending a community college, college, or university in this State.

(c) The Board shall have the following powers and duties under this Section:

(1) to award grants to eligible exonerees;

(2) to establish a program of exoneree grants and to make grants to eligible exonerees;

(3) to determine criteria and standards of financial need for making grants, including the grant amount to be awarded;

(4) to determine the procedures for the distribution of grants to eligible exonerees, giving preference to eligible exonerees whose financial resources are such that, in the absence of a Program grant, the exoneree will be prevented from attending an institution of higher education; and

(5) to adopt rules which are necessary for the establishment and maintenance of the Program required by this Section.

Section 35. Exoneree Discount Program.

(a) The Department of Commerce and Economic Opportunity shall establish and administer an Exoneree Discount Program that enables an exoneree to use his or her valid Illinois driver's license or Illinois Identification Card at participating merchants to receive a discount on goods and services or to receive another appropriate money-saving promotion of a merchant's choice.

(b) The Department shall develop and implement an outreach program, subject to resources, to ensure that exonerees and potential merchant-participants in the State are made aware of the Exoneree Discount Program. The Secretary of State may also assist in promoting and disseminating information on the Exoneree Discount Program.

(c) The Department shall adopt any rules necessary to implement this Act.

Section 40. Construction.

(a) Nothing in this Act shall be construed to conflict with Section 2 of the Public Employment Office Act concerning job search and placement services to persons unjustly imprisoned, or any other employment services offered by the Department of Employment Security under that Act.

(b) Nothing in this Act shall be construed to conflict with the provisions of any federal or State statute, program, or service assisting in providing housing for wrongfully imprisoned persons.

(c) Nothing in this Act shall be construed to conflict with the provisions of any federal or State loan or grant program offering financial assistance for the costs of attending an institution of higher education.

(d) Nothing in this Act shall prevent an exoneree, as defined under this Act, from seeking and using services or benefits not otherwise provided under this Act.

Section 100. The Personnel Code is amended by adding Section 8b.21 as follows:

(20 ILCS 415/8b.21 new)

Sec. 8b.21. Exoneree preference. For the granting of appropriate preference in entrance examinations to qualified persons who have been wrongfully imprisoned in this State.

(a) As used in this Section:

"Exoneree" has the same meaning as defined in Section 5 of the Exoneree Assistance Act.

(b) The preference granted under this Section shall be in the form of points added to the final grades of exonerees if they otherwise qualify and are entitled to appear on the list of those eligible for appointments. The exoneree preference additional point total shall be determined by the Director of Central Management Services, but shall be no less than 3 points.

(c) The rank order of persons entitled to a preference on eligible lists shall be determined on the basis of their augmented ratings. When the Director establishes eligible lists on the basis of category ratings such as "superior", "excellent", "well-qualified", and "qualified", the exoneree eligibles in each such category shall be preferred for appointment before the non-exoneree eligibles in the same category.

(d) The Department of Central Management Services shall adopt rules and implement procedures to verify that any person seeking a preference under this Section is entitled to the preference. A person seeking a preference under this Section shall provide documentation or execute any consents or other documents required by the Department of Central Management Services or any other State department or agency to enable the department or agency to verify that the person is entitled to the preference.

(e) If an applicant claims to be an exoneree for purposes of receiving the preference, the Department of Central Management Services must verify that status before granting an exoneree preference by requiring proof of a pardon by the Governor stating that such pardon was issued on the ground of innocence of the crime for which he or she was imprisoned or a Certificate of innocence from the Circuit Court, or any other evidence of the applicant's release from wrongful imprisonment that is determined to be acceptable by the Department of Central Management Services.

Section 105. The Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois is amended by changing Section 605-416 as follows:

(20 ILCS 605/605-416)

Sec. 605-416. Loans to qualified ex-offenders.

(a) The Department of Commerce and Economic Opportunity may establish an ex-offender business ownership grant and loan program. Funding for this program shall come from the Ex-Offender Fund. The Department shall provide grants to organizations and entities that work with ex-offenders and facilitate the reentry of ex-offenders into society. Organizations wishing to participate in the program must present an application to the Department in order to receive funding.

(b) Funding distributed from the Ex-Offender Fund may be used only for the following purposes:

(1) For the awarding of grants to organizations and entities to provide low interest loans to ex-offenders so that these individuals may start and operate their own businesses that have a positive impact on society. The maximum amount of a loan funded by a grant under this Section that an ex-offender may receive is $5,000.

(2) For the awarding of grants to entities or organizations assisting ex-offenders, so that individual ex-offenders may develop business plans to start up their own businesses. These grants are to be used for the sole purpose of acquiring a business plan developed by a credible source. In order to receive these grants, qualified ex-offenders must submit an application and provide 50% of the cost to develop the business plan.

(3) For the administration costs of the program.

(c) For purposes of this Section, "qualified ex-offender" means any person who:

(1) is an eligible offender, as defined under Section 5-5.5-5 of the Unified Code of Corrections;

(2) was sentenced to a period of incarceration in an Illinois adult correctional center; and

(3) presents an application and a professional business plan to the organization or entity that is making the loan.

(c-5) For the purposes of this Section, "qualified ex-offender" includes any person defined as an "exoneree" under Section 5 of the Exoneree Assistance Act. Such a person shall be required to present an application and a professional business plan to the organization or entity that is making the loan under this Section.

(Source: P.A. 96-656, eff. 1-1-10.)

Section 110. The Illinois Income Tax Act is amended by changing Section 216 as follows:

(35 ILCS 5/216)

Sec. 216. Credit for wages paid to ex-felons.

(a) For each taxable year beginning on or after January 1, 2007, each taxpayer is entitled to a credit against the tax imposed by subsections (a) and (b) of Section 201 of this Act in an amount equal to 5% of qualified wages paid by the taxpayer during the taxable year to one or more Illinois residents who are qualified ex-offenders. The total credit allowed to a taxpayer with respect to each qualified ex-offender may not exceed $1,500 for all taxable years. For partners, shareholders of Subchapter S corporations, and owners of limited liability companies, if the liability company is treated as a partnership for purposes of federal and State income taxation, there shall be allowed a credit under this Section to be determined in accordance with the determination of income and distributive share of income under Sections 702 and 704 and Subchapter S of the Internal Revenue Code.

(b) For purposes of this Section, "qualified wages":

(1) includes only wages that are subject to federal unemployment tax under Section 3306 of the Internal Revenue Code, without regard to any dollar limitation contained in that Section;

(2) does not include any amounts paid or incurred by an employer for any period to any qualified ex-offender for whom the employer receives federally funded payments for on-the-job training of that qualified ex-offender for that period; and

(3) includes only wages attributable to service rendered during the one-year period beginning with the day the qualified ex-offender begins work for the employer.

If the taxpayer has received any payment from a program established under Section 482(e)(1) of the federal Social Security Act with respect to a qualified ex-offender, then, for purposes of calculating the credit under this Section, the amount of the qualified wages paid to that qualified ex-offender must be reduced by the amount of the payment.

(c) For purposes of this Section, "qualified ex-offender" means any person who:

(1) has been convicted of a crime in this State or of an offense in any other jurisdiction, not including any offense or attempted offense that would subject a person to registration under the Sex Offender Registration Act;

(2) was sentenced to a period of incarceration in an Illinois adult correctional center; and

(3) was hired by the taxpayer within 3 years after being released from an Illinois adult correctional center.

(c-5) For the purposes of this Section, "qualified ex-offender" includes any person defined as an "exoneree" under Section 5 of the Exoneree Assistance Act who was hired by the taxpayer within 3 years after being exonerated.

(d) In no event shall a credit under this Section reduce the taxpayer's liability to less than zero. If the amount of the credit exceeds the tax liability for the year, the excess may be carried forward and applied to the tax liability of the 5 taxable years following the excess credit year. The tax credit shall be applied to the earliest year for which there is a tax liability. If there are credits for more than one year that are available to offset a liability, the earlier credit shall be applied first.

(e) This Section is exempt from the provisions of Section 250.

(Source: P.A. 98-165, eff. 8-5-13.)".